1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal history] On May 6, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Busan District Court on May 24, 201, and issued a fine of KRW 3 million for a crime of violating the Road Traffic Act at the same court on May 24, 2012, and on August 10, 201, the Defendant was issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act (driving) at the same court on August 10, 2016.

[2] On September 21, 2016, the Defendant driven a D car at a distance of about 300 meters from the beginning of the Seocho-gu Busan Metropolitan City to the front of the Gambow in the same Gu, under the influence of alcohol content of 0.195% in blood without obtaining a driver’s license on September 21, 2016.

As a result, the Defendant violated the prohibition of drinking, and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, investigation report ( drinking driving and confirmation of non-licensed driving);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

5. Article 62 (1) of the Criminal Act on the suspension of execution;

6. Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to Provide community service and attend lectures can only be punished due to drinking or non-licensed driving for the reason of sentencing, and since punishment was imposed due to the crackdown on drinking driving, the criminal liability of the defendant is not easy, such as repeating the crime of this case, but it is against the fact that the defendant did not have been punished in excess of a fine, and that the defendant's personal seal is against the fact that the defendant was not punished.